Notice of Preliminary Results of New Shipper Review of the Antidumping Duty Order on Certain Pasta From Italy, 9921-9923 [E5-820]
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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices
of November 1, 2003, through October
31, 2004, on November 1, 2004. See 69
FR 63359. Respondents NDN and Hylsa
both requested that the Department
conduct an administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe from
Mexico on November 30, 2004. In
response to these requests, the
Department published the initiation of
the antidumping duty administrative
review on circular welded non-alloy
steel pipe from Mexico on December 27,
2004. See Notice of Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 69 FR 77181
(December 27, 2004). The Department
received requests for withdrawal from
the administrative review from NDN on
January 7, 2005, and from Hylsa on
February 8, 2005. The requests for
review submitted by NDN and Hylsa,
respectively, were the only requests for
administrative review of this order for
the period November 1, 2003, through
October 31, 2004.
Rescission of the Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review under this section, in whole or
in part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. Since
all of the parties who initially requested
an administrative review, NDN and
Hylsa, have withdrawn their requests in
a timely manner, we are rescinding this
review. The Department will issue
appropriate assessment instructions to
U.S. Border and Customs Protection
within 15 days of publication of this
notice.
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 777(i) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
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14:21 Feb 28, 2005
Jkt 205001
Dated: February 23, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–822 Filed 2–28–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Notice of Preliminary Results of New
Shipper Review of the Antidumping
Duty Order on Certain Pasta From Italy
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by
Atar, S.r.L. (‘‘Atar’’), the Department of
Commerce (‘‘the Department’’) is
conducting a new shipper review of the
antidumping duty order on certain pasta
(‘‘pasta’’) from Italy for the period of
review (‘‘POR’’) July 1, 2003 through
June 30, 2004. We preliminarily
determine that during the POR, Atar did
not sell subject merchandise at less than
normal value (‘‘NV’’). Much of the
information upon which we relied to
analyze the bona fides of Atar’s sales to
the United States is business
proprietary, therefore our full analysis is
set forth in the Memorandum to Barbara
E. Tillman, Acting Deputy Assistant
Secretary for Import Administration,
Pasta from Italy: New Shipper Review of
Atar S.r.L. (Atar), dated February 22,
2005 (Atar Memo), which is on file in
the Central Records Unit (‘‘CRU’’), room
B–099 of the main Commerce Building.
Interested parties are invited to
comment on these preliminary results.
If these preliminary results are
adopted in the final results of this new
shipper review, we will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to liquidate without regard to
antidumping duties.
DATES: Effective Date: March 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Maura Jeffords, AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–5973 or (202) 482–
3146, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 24, 1996, the Department
published in the Federal Register the
antidumping duty order on pasta from
Italy. See Notice of Antidumping Duty
PO 00000
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Fmt 4703
Sfmt 4703
9921
Order and Amended Final
Determination of Sales at Less Than
Fair Value: Certain Pasta from Italy, 61
FR 38547. On July 30, 2004, we received
a request from Atar to initiate a new
shipper review of Atar’s U.S. sales of
pasta from Italy. On September 1, 2004,
the Department published the notice of
initiation of this new shipper
antidumping duty review covering the
period July 1, 2003 through June 30,
2004. See Certain Pasta from Italy:
Notice of Initiation of New Shipper
Antidumping Duty Review, 69 FR 53413
(Sept. 1, 2004).
On September 1, 2004, we sent a
questionnaire to Atar and instructed
Atar to respond to Sections A–E of the
questionnaire, as appropriate. On
October 22, 2004, Atar submitted its
response to Sections A, C, and D of the
original questionnaire. On November 5,
2004, Atar submitted its cost
reconciliation under Section D of the
questionnaire.
On November 8 and 10, 2004, the
Department issued supplemental
questionnaires to Atar. On December 1,
2004, we received Atar’s response to the
supplemental questionnaires. On
December 27, 2004, the Department
received a supplemental questionnaire
response relating to Atar’s quantity and
value reconciliation requested in
Section A of the questionnaire.
On December 7, 2004, we sent Atar a
verification outline. We conducted
verification of Atar’s sales and cost
information from January 10, 2005
through January 14, 2005.
Scope of Order
Imports covered by this order are
shipments of certain non-egg dry pasta
in packages of five pounds four ounces
or less, whether or not enriched or
fortified or containing milk or other
optional ingredients such as chopped
vegetables, vegetable purees, milk,
gluten, diastasis, vitamins, coloring and
flavorings, and up to two percent egg
white. The pasta covered by this scope
is typically sold in the retail market, in
fiberboard or cardboard cartons, or
polyethylene or polypropylene bags of
varying dimensions.
Excluded from the scope of this order
are refrigerated, frozen, or canned
pastas, as well as all forms of egg pasta,
with the exception of non-egg dry pasta
containing up to two percent egg white.
Also excluded are imports of organic
pasta from Italy that are accompanied by
the appropriate certificate issued by the
Instituto Mediterraneo Di Certificazione,
by Bioagricoop Scrl, by QC&I
International Services, by Ecocert Italia,
by Consorzio per il Controllo dei
E:\FR\FM\01MRN1.SGM
01MRN1
9922
Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices
Prodotti Biologici, or by Associazione
Italiana per l’Agricoltura Biologica.
The merchandise subject to this order
is currently classifiable under item
1902.19.20 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to the order is dispositive.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), we conducted verification of the
sales and cost information provided by
Atar. We used standard verification
procedures, including examination of
relevant sales and financial records. Our
verification results are detailed in the
verification reports placed in the case
file in the CRU. We made certain minor
revisions to certain sales and cost data
based on verification findings. See
January 25, 2005, Memorandum to
James Terpstra from Dennis McClure
and Maura Jeffords, regarding
Verification of the Sales and Cost
Response of Atar S.r.L. (‘‘Atar’’) in the
New Shipper Review of the
Antidumping Duty Order of Certain
Pasta from Italy (‘‘Sales and Cost
Verification Report’’).
Product Comparisons
In accordance with section 771(16) of
the Act, we matched contemporaneous
sales of products sold in the United
States with constructed value (‘‘CV’’)
based on the following characteristics:
(1) Pasta shape; (2) type of wheat; (3)
additives; and (4) enrichment.
Comparisons to Normal Value
Because we could not determine the
NV of the subject merchandise based on
a comparison market price, under
section 773(a)(1) of the Act, in
accordance with section 773(a)(4) of the
Act, we compared the export price
(‘‘EP’’) to the CV, as described in the
‘‘Export Price’’ and ‘‘Normal Value’’
sections of this notice to determine
whether sales of certain pasta from Italy
were made in the United States at less
than NV. See Atar’s Sales and Cost
Verification Report and February 22,
2005, Memorandum to James Terpstra
from Dennis McClure and Maura
Jeffords, Analysis Memorandum for Atar
S.r.L., available in the CRU.
Export Price
For the price to the United States, we
used EP in accordance with section
772(a) of the Act. We calculated EP
because all of Atar’s U.S. sales of subject
merchandise were sold directly to the
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14:21 Feb 28, 2005
Jkt 205001
first unaffiliated purchaser in the United
States prior to importation. We based EP
on the packed free-on-board (‘‘FOB’’)
prices to the first unaffiliated customer
in, or for exportation to, the United
States.
In accordance with section 772(c)(2)
of the Act, we made deductions, where
appropriate, for movement expenses
including foreign brokerage and
handling. In addition, when
appropriate, we increased EP by an
amount equal to the countervailing duty
rate attributed to export subsidies
established in the countervailing duty
investigation, in accordance with
section 772(c)(1)(C) of the Act.
Currency Conversion
For purposes of these preliminary
results, we made currency conversions
in accordance with section 773A(a) of
the Act, based on the official exchange
rates published by the Federal Reserve.
Normal Value
Produced and Exported by Atar
S.r.L. ........................................
A. Selection of Comparison Markets
To determine whether there was a
sufficient volume of sales in the home
market to serve as a viable basis for
calculating NV, we compared Atar’s
volume of home market sales of the
foreign like product to the volume of its
U.S. sales of the subject merchandise.
Pursuant to sections 773(a)(1)(B) and
773(a)(1)(C) of the Act, we determined
that Atar did not have an aggregate
volume of home market sales of the
foreign like product that was greater
than five percent of its aggregate volume
of U.S. sales of the subject merchandise.
Atar did not have any third-country
market sales of the subject merchandise.
As a result, we determined that Atar did
not have a viable comparison market.
B. Calculation of Normal Value Based
on Constructed Value
In accordance with section 773(e) of
the Act, we calculated CV based on the
sum of the cost of manufacturing
(‘‘COM’’) of the product sold in the
United States, plus amounts for SG&A
expenses, profit, and U.S. packing costs.
Because Atar was a producer of subject
merchandise through a tolling
arrangement, we based the COM on the
price Atar paid for the raw materials
from its unaffiliated suppliers and the
price Atar paid for the processing. In
accordance with section 773(e)(2)(B) (i)
and (ii) of the Act, we based SG&A
expenses on Atar’s actual expenses
incurred during its 2004 fiscal year and
profit on publicly available information
related to other pasta companies which
sell subject merchandise in Italy.
For price-to-CV comparisons, we
made adjustments to CV for
circumstance-of-sale (‘‘COS’’)
differences, in accordance with section
773(a)(6)(C)(iii) of the Act and 19 CFR
351.410. We made COS adjustments by
adding U.S. direct selling expenses.
PO 00000
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Fmt 4703
Sfmt 4703
Preliminary Results of New Shipper
Review
As a result of our review, we
preliminarily determine that the
following percentage weighted-average
margin exists for Atar for the period July
1, 2003 through June 30, 2004:
Producer/exporter
Margin
(percent)
0.00
The Department will disclose the
calculations performed within five days
of the date of publication of this notice
to the parties of this proceeding in
accordance with 19 CFR 351.224(b). An
interested party may request a hearing
within 30 days of publication of these
preliminary results. See 19 CFR
351.310(c). Any hearing, if requested,
ordinarily will be held 44 days after the
date of publication of these preliminary
results, or the first working day
thereafter. Interested parties may submit
case briefs no later than 30 days after
the date of publication of these
preliminary results. See 19 CFR
351.309(c)(ii). Rebuttal briefs limited to
issues raised in such briefs, may be filed
no later than 35 days after the date of
publication. See 19 CFR 351.309(d).
Parties who submit arguments are
requested to submit with the argument
(1) a statement of the issue and (2) a
brief summary of the argument. Further,
parties submitting briefs are requested
to provide the Department with an
additional copy of the public version of
any such briefs on diskette. The
Department will issue the final results
of this review, which will include the
results of its analysis of issues raised in
any such comments, or at a hearing, if
requested, within 120 days of
publication of these preliminary results.
Assessment Rate
Pursuant to 19 CFR 351.212(b), the
Department will calculate an assessment
rate for each importer of the subject
merchandise produced by Atar. Upon
issuance of the final results of this new
shipper review, if any importer-specific
assessment rates calculated in the final
results are above de minimis (i.e., at or
above 0.5 percent), the Department will
issue appraisement instructions directly
to CBP to assess antidumping duties on
appropriate entries by applying the
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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices
assessment rate to the entered value of
the merchandise. For assessment
purposes, we will calculate importerspecific assessment rates for the subject
merchandise produced by Atar by
aggregating the dumping margins for all
U.S. sales to each importer and dividing
the amount by the total entered value of
the sales to that importer. Where
appropriate, to calculate the entered
value, we will subtract international
movement expenses (e.g., brokerage and
handling) from the gross sales value.
Cash Deposit Requirements
To calculate the cash deposit rate for
Atar, we divided the total dumping
margin by the total net value for that
company’s sales during the review
period. The following deposit rate will
be effective upon publication of the
final results of this new shipper review
for shipments of certain pasta from Italy
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: For subject
merchandise produced and exported by
Atar, the cash deposit rate will be the
rate established in the final results of
this review, except if the rate is less
than 0.5 percent and, therefore, de
minimis, the cash deposit will be zero.
This cash deposit requirement, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent increase in
antidumping duties by the amount of
antidumping and/or countervailing
duties reimbursed.
This administrative review is issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: February 22, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
APPENDIX I
Unpublished Memorandum
[FR Doc. E5–820 Filed 2–28–05; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 205001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 030602141–5037–15; I.D.
012505A]
RIN 0648–ZB55
Availability of Grants Funds for Fiscal
Year 2005/ Extension of Application
Deadline
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The NMFS publishes this
notice to extend the solicitation period
on the following four initiatives
originally announced in the Federal
Register on February 1, 2005: Alaska
Marine Resources Educational
Partnership Program; Chesapeake Bay
Integrated Research Program Fisheries;
Chesapeake Bay Integrated Research
Program Submerged Aquatic Vegetation;
and Chesapeake Bay Integrated Research
Program Non-native Oyster Research.
NOAA extends the solicitation period to
provide the public more time to submit
proposals. All other requirements for
this solicitation remain the same.
DATES: Letters of intent for the three
Chesapeake Bay initiatives must be
submitted by 5 p.m. eastern time on
March 1, 2005. Full proposals must be
received by 5 p.m. eastern time on April
1, 2005. Letters of Intent for the Alaska
Marine Resources Educational
Partnership Program are due by 5 p.m.
Alaska local time on March 1, 2005. Full
proposals must be received by 5 p.m.
Alaska local time on April 1, 2005.
Paper applications may be submitted by
applicants without Internet access and
must be received (see ADDRESSES) by the
same dates and times as electronic
applications.
ADDRESSES: The address for submitting
proposals electronically is: https://
www.grants.gov/. (Electronic
submission is strongly encouraged).
Paper submissions regarding the
Fisheries, Submerged Aquatic
Vegetation, and Non-native Oyster
Research Programs should be sent to the
following address: NOAA Chesapeake
Bay Office, 410 Severn Avenue, Suite
107A, Annapolis, MD 21403, ATTN
CBIRP - Fisheries, SAV, or Oyster,
respectively.
Paper submissions regarding the
Alaska Marine Resources Educational
Partnership Program should be sent to
the following address: MSI-Alaska
Program Coordinator, National Marine
PO 00000
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9923
Fisheries Service, Alaska Region, 709
W. 9th St., RM 420, Juneau, AK 99802
1668 ATTN: AMRSP.
Letters of intent for the three
Chesapeake Bay initiatives may be sent
via e-mail to derek.orner@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Derek M. Orner, NOAA Chesapeake Bay
Office, 410 Severn Avenue, Suite 107A,
Annapolis, MD 21403, or by phone at
410 267 5676, or fax to 410 267 5666,
or via e-mail at derek.orner@noaa.gov.
SUPPLEMENTARY INFORMATION: This
notice extends the solicitation period of
four initiatives announced in the
Federal Register on February 1, 2005
(FO FR 5161).
Dated: February 24, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 05–3937 Filed 2–28–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 022305C]
Advisory Committee to the U.S.
Section to the International
Commission for the Conservation of
Atlantic Tunas (ICCAT); Spring
Species Working Group Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: The Advisory Committee
(Committee) to the U.S. Section to the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
announces its spring meeting with its
Species Working Group Technical
Advisors on March 7–8, 2005. The
Committee will meet to discuss matters
relating to ICCAT, including, the results
from the 2004 ICCAT meeting; the U.S.
implementation of ICCAT decisions; the
2005 ICCAT and NMFS research and
monitoring activities; the 2005 ICCAT
activities; the Atlantic Tunas
Convention Act required consultation
on the identification of countries that
are diminishing the effectiveness of
ICCAT; the NMFS Recreational Fishery
Landings Estimates Review; the results
of the meetings of the Committee’s
Species Working Groups; and other
matters relating to the international
management of ICCAT species
DATES: The open sessions of the
Committee meeting will be held on
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]]>Agencies
[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Notices]
[Pages 9921-9923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-820]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Notice of Preliminary Results of New Shipper Review of the
Antidumping Duty Order on Certain Pasta From Italy
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by Atar, S.r.L. (``Atar''), the
Department of Commerce (``the Department'') is conducting a new shipper
review of the antidumping duty order on certain pasta (``pasta'') from
Italy for the period of review (``POR'') July 1, 2003 through June 30,
2004. We preliminarily determine that during the POR, Atar did not sell
subject merchandise at less than normal value (``NV''). Much of the
information upon which we relied to analyze the bona fides of Atar's
sales to the United States is business proprietary, therefore our full
analysis is set forth in the Memorandum to Barbara E. Tillman, Acting
Deputy Assistant Secretary for Import Administration, Pasta from Italy:
New Shipper Review of Atar S.r.L. (Atar), dated February 22, 2005 (Atar
Memo), which is on file in the Central Records Unit (``CRU''), room B-
099 of the main Commerce Building. Interested parties are invited to
comment on these preliminary results.
If these preliminary results are adopted in the final results of
this new shipper review, we will instruct U.S. Customs and Border
Protection (``CBP'') to liquidate without regard to antidumping duties.
DATES: Effective Date: March 1, 2005.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Maura Jeffords, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-3146, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published in the Federal Register
the antidumping duty order on pasta from Italy. See Notice of
Antidumping Duty Order and Amended Final Determination of Sales at Less
Than Fair Value: Certain Pasta from Italy, 61 FR 38547. On July 30,
2004, we received a request from Atar to initiate a new shipper review
of Atar's U.S. sales of pasta from Italy. On September 1, 2004, the
Department published the notice of initiation of this new shipper
antidumping duty review covering the period July 1, 2003 through June
30, 2004. See Certain Pasta from Italy: Notice of Initiation of New
Shipper Antidumping Duty Review, 69 FR 53413 (Sept. 1, 2004).
On September 1, 2004, we sent a questionnaire to Atar and
instructed Atar to respond to Sections A-E of the questionnaire, as
appropriate. On October 22, 2004, Atar submitted its response to
Sections A, C, and D of the original questionnaire. On November 5,
2004, Atar submitted its cost reconciliation under Section D of the
questionnaire.
On November 8 and 10, 2004, the Department issued supplemental
questionnaires to Atar. On December 1, 2004, we received Atar's
response to the supplemental questionnaires. On December 27, 2004, the
Department received a supplemental questionnaire response relating to
Atar's quantity and value reconciliation requested in Section A of the
questionnaire.
On December 7, 2004, we sent Atar a verification outline. We
conducted verification of Atar's sales and cost information from
January 10, 2005 through January 14, 2005.
Scope of Order
Imports covered by this order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by this scope is typically sold in the retail market, in
fiberboard or cardboard cartons, or polyethylene or polypropylene bags
of varying dimensions.
Excluded from the scope of this order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Also excluded
are imports of organic pasta from Italy that are accompanied by the
appropriate certificate issued by the Instituto Mediterraneo Di
Certificazione, by Bioagricoop Scrl, by QC&I International Services, by
Ecocert Italia, by Consorzio per il Controllo dei
[[Page 9922]]
Prodotti Biologici, or by Associazione Italiana per l'Agricoltura
Biologica.
The merchandise subject to this order is currently classifiable
under item 1902.19.20 of the Harmonized Tariff Schedule of the United
States (``HTSUS''). Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise subject to the order is dispositive.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(``the Act''), we conducted verification of the sales and cost
information provided by Atar. We used standard verification procedures,
including examination of relevant sales and financial records. Our
verification results are detailed in the verification reports placed in
the case file in the CRU. We made certain minor revisions to certain
sales and cost data based on verification findings. See January 25,
2005, Memorandum to James Terpstra from Dennis McClure and Maura
Jeffords, regarding Verification of the Sales and Cost Response of Atar
S.r.L. (``Atar'') in the New Shipper Review of the Antidumping Duty
Order of Certain Pasta from Italy (``Sales and Cost Verification
Report'').
Product Comparisons
In accordance with section 771(16) of the Act, we matched
contemporaneous sales of products sold in the United States with
constructed value (``CV'') based on the following characteristics: (1)
Pasta shape; (2) type of wheat; (3) additives; and (4) enrichment.
Comparisons to Normal Value
Because we could not determine the NV of the subject merchandise
based on a comparison market price, under section 773(a)(1) of the Act,
in accordance with section 773(a)(4) of the Act, we compared the export
price (``EP'') to the CV, as described in the ``Export Price'' and
``Normal Value'' sections of this notice to determine whether sales of
certain pasta from Italy were made in the United States at less than
NV. See Atar's Sales and Cost Verification Report and February 22,
2005, Memorandum to James Terpstra from Dennis McClure and Maura
Jeffords, Analysis Memorandum for Atar S.r.L., available in the CRU.
Export Price
For the price to the United States, we used EP in accordance with
section 772(a) of the Act. We calculated EP because all of Atar's U.S.
sales of subject merchandise were sold directly to the first
unaffiliated purchaser in the United States prior to importation. We
based EP on the packed free-on-board (``FOB'') prices to the first
unaffiliated customer in, or for exportation to, the United States.
In accordance with section 772(c)(2) of the Act, we made
deductions, where appropriate, for movement expenses including foreign
brokerage and handling. In addition, when appropriate, we increased EP
by an amount equal to the countervailing duty rate attributed to export
subsidies established in the countervailing duty investigation, in
accordance with section 772(c)(1)(C) of the Act.
Normal Value
A. Selection of Comparison Markets
To determine whether there was a sufficient volume of sales in the
home market to serve as a viable basis for calculating NV, we compared
Atar's volume of home market sales of the foreign like product to the
volume of its U.S. sales of the subject merchandise. Pursuant to
sections 773(a)(1)(B) and 773(a)(1)(C) of the Act, we determined that
Atar did not have an aggregate volume of home market sales of the
foreign like product that was greater than five percent of its
aggregate volume of U.S. sales of the subject merchandise. Atar did not
have any third-country market sales of the subject merchandise. As a
result, we determined that Atar did not have a viable comparison
market.
B. Calculation of Normal Value Based on Constructed Value
In accordance with section 773(e) of the Act, we calculated CV
based on the sum of the cost of manufacturing (``COM'') of the product
sold in the United States, plus amounts for SG&A expenses, profit, and
U.S. packing costs. Because Atar was a producer of subject merchandise
through a tolling arrangement, we based the COM on the price Atar paid
for the raw materials from its unaffiliated suppliers and the price
Atar paid for the processing. In accordance with section 773(e)(2)(B)
(i) and (ii) of the Act, we based SG&A expenses on Atar's actual
expenses incurred during its 2004 fiscal year and profit on publicly
available information related to other pasta companies which sell
subject merchandise in Italy.
For price-to-CV comparisons, we made adjustments to CV for
circumstance-of-sale (``COS'') differences, in accordance with section
773(a)(6)(C)(iii) of the Act and 19 CFR 351.410. We made COS
adjustments by adding U.S. direct selling expenses.
Currency Conversion
For purposes of these preliminary results, we made currency
conversions in accordance with section 773A(a) of the Act, based on the
official exchange rates published by the Federal Reserve.
Preliminary Results of New Shipper Review
As a result of our review, we preliminarily determine that the
following percentage weighted-average margin exists for Atar for the
period July 1, 2003 through June 30, 2004:
------------------------------------------------------------------------
Margin
Producer/exporter (percent)
------------------------------------------------------------------------
Produced and Exported by Atar S.r.L......................... 0.00
------------------------------------------------------------------------
The Department will disclose the calculations performed within five
days of the date of publication of this notice to the parties of this
proceeding in accordance with 19 CFR 351.224(b). An interested party
may request a hearing within 30 days of publication of these
preliminary results. See 19 CFR 351.310(c). Any hearing, if requested,
ordinarily will be held 44 days after the date of publication of these
preliminary results, or the first working day thereafter. Interested
parties may submit case briefs no later than 30 days after the date of
publication of these preliminary results. See 19 CFR 351.309(c)(ii).
Rebuttal briefs limited to issues raised in such briefs, may be filed
no later than 35 days after the date of publication. See 19 CFR
351.309(d).
Parties who submit arguments are requested to submit with the
argument (1) a statement of the issue and (2) a brief summary of the
argument. Further, parties submitting briefs are requested to provide
the Department with an additional copy of the public version of any
such briefs on diskette. The Department will issue the final results of
this review, which will include the results of its analysis of issues
raised in any such comments, or at a hearing, if requested, within 120
days of publication of these preliminary results.
Assessment Rate
Pursuant to 19 CFR 351.212(b), the Department will calculate an
assessment rate for each importer of the subject merchandise produced
by Atar. Upon issuance of the final results of this new shipper review,
if any importer-specific assessment rates calculated in the final
results are above de minimis (i.e., at or above 0.5 percent), the
Department will issue appraisement instructions directly to CBP to
assess antidumping duties on appropriate entries by applying the
[[Page 9923]]
assessment rate to the entered value of the merchandise. For assessment
purposes, we will calculate importer-specific assessment rates for the
subject merchandise produced by Atar by aggregating the dumping margins
for all U.S. sales to each importer and dividing the amount by the
total entered value of the sales to that importer. Where appropriate,
to calculate the entered value, we will subtract international movement
expenses (e.g., brokerage and handling) from the gross sales value.
Cash Deposit Requirements
To calculate the cash deposit rate for Atar, we divided the total
dumping margin by the total net value for that company's sales during
the review period. The following deposit rate will be effective upon
publication of the final results of this new shipper review for
shipments of certain pasta from Italy entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: For subject merchandise
produced and exported by Atar, the cash deposit rate will be the rate
established in the final results of this review, except if the rate is
less than 0.5 percent and, therefore, de minimis, the cash deposit will
be zero. This cash deposit requirement, when imposed, shall remain in
effect until publication of the final results of the next
administrative review.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
This administrative review is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 22, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX I
Unpublished Memorandum
[FR Doc. E5-820 Filed 2-28-05; 8:45 am]
BILLING CODE 3510-DS-P
